Terms of use

1. Preamble

LeanScope GmbH, Krayenkamp 10-11, 20459 Hamburg (hereinafter "Licensor"), provides its customers with the use of the "LeanScope AI" software (hereinafter "Software") in various versions ("LeanScope Lite", "LeanScope Pro" and "LeanScope Enterprise").

The versions "LeanScope Lite" and "LeanScope Pro" are used exclusively on the basis of these terms of use, which are bindingly accepted by clicking to agree. For the version "LeanScope Enterprise", usage is based on an individually agreed contract that incorporates these terms of use.

2. Definitions of terms

The following terms are used in these terms of use and serve the purpose of clarification and uniform interpretation.

    1. Licensor: LeanScope GmbH, Krayenkamp 10-11, 20459 Hamburg, Germany, is the provider of the software "LeanScope AI" in various versions.
    2. Licensee/Customer: The natural or legal person who uses the Software in accordance with these Terms of Use.
    3. Third parties: persons or companies outside the contractual relationship between licensor and customer.
    4. LeanScope AI: The licensor's software, which serves as a platform for user insights management and product discovery. It is offered in the variants "LeanScope Lite", "LeanScope Pro" and "LeanScope Enterprise".
    5. LeanScope Lite: A free version of the software with a limited range of functions, available for both companies and individuals.
    6. LeanScope Pro: A paid version of the software with a full range of functions that is only available to companies.
    7. LeanScope Enterprise: An individually customizable, fee-based version of the software that includes extended services such as additional support, customer success management, on-premise hosting and, if necessary, the integration of alternative LLMs.
    8. Account: A user account created by the customer or their employees to gain access to the software.
    9. API (Application Programming Interface): A programming interface that enables software systems to communicate with each other.
    10. LLM (Large Language Model): A generative AI model that processes natural language and generates answers.
    11. On-premise solution: An installation of the software on the customer's local servers, which is possible with LeanScope Enterprise by individual agreement.

3. Subject matter of the contract

This section describes the services provided by the licensor as part of the various versions of LeanScope and the conditions under which the software may be used.

3.1 General

The software serves as a platform for user insights management and product discovery and supports teams in focusing on user needs in every phase of product development.

The licensor grants the customer use of the software in the agreed version ("Lite", "Pro" or "Enterprise") for the term of the contract. Use shall be exclusively in accordance with these Terms of Use.

3.2 Target group of use

The use of "LeanScope Lite" is open to both companies and individuals who wish to test or use the software. The "LeanScope Pro" and "LeanScope Enterprise" versions are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

3.3 Scope of use

The scope of possible use of the software depends on the variant used.

    • For "LeanScope Lite": The customer receives a free license to use a version of the software with limited functionality. The license is granted exclusively for the customer's own use. The licensor reserves the right to contact the customer in the course of use, e.g. with references to further versions or relevant offers.
    • For "LeanScope Pro": The customer receives a chargeable license to use the software with the full range of functions, including the option of granting access to his employees. The software is provided exclusively for the customer's internal use. Passing on the rights of use to third parties, e.g. by sublicensing or leasing, is prohibited.
    • For "LeanScope Enterprise": The customer receives a fee-based license to use the software with the full range of functions. In addition to the provision of the software, the subject matter of the contract includes extended services such as support, customer success management, on-premise hosting and, if required, individual adaptations of the software. Sublicensing may be expressly permitted by individual agreement.

3.4 Reservation of rights

The software and all associated rights remain the unrestricted property of the licensor. The customer shall not receive any rights to the software other than the expressly granted rights of use. In particular, the customer is prohibited from

    • to reproduce, modify or further develop the software, unless this is expressly permitted by contract.
    • to transfer, sublicense or lease the software or parts thereof to third parties, unless this has been individually agreed for "LeanScope Enterprise".

4. Conclusion of contract

The conclusion of the contract regulates how a legally binding user relationship is established between the customer and the licensor, depending on the selected variant of the software.

4.1 Conclusion of contract for "LeanScope Lite"

The contract with the licensor is concluded when the customer registers for a free account on the online presence under the domain https://app.leanscope.io. During the registration process, the customer agrees to these terms of use. After registration, the customer receives an activation e-mail. The contract is only concluded once the customer has activated their account by confirming their e-mail address.

4.2 Conclusion of the "LeanScope Pro" contract

Switching to the paid version "LeanScope Pro" can be done directly within the software. The customer receives corresponding instructions in their free account and has the option of making the switch. By switching to "LeanScope Pro", the customer continues to accept the already confirmed terms of use as the basis of the contract.

4.3 Conclusion of the "LeanScope Enterprise" contract

The contract with the licensor is concluded by accepting an individual offer. The customer can leave their contact details on the online presence or contact the licensor directly. The licensor then prepares an individual offer, which must be accepted by the customer in writing. The contract is only concluded upon acceptance of the offer.

4.4 Validity of GTC

The customer's general terms and conditions do not apply unless the licensor expressly agrees to their validity in writing as part of a "LeanScope Enterprise" contract.

5. Scope of services

This section describes the functional scope of the software, how it is provided and what updates or customizations the customer can expect.

5.1 Provision of the software

The licensor provides the customer with the "LeanScope" software in the agreed versions on a server operated by the licensor. Access is exclusively via the Internet.

An on-premise solution can also be provided for the "LeanScope Enterprise" version by individual agreement. In this case, provision is made by the licensor, but installation and integration are carried out by the customer themselves, unless otherwise agreed.

5.2 Scope of the software

The scope of performance of the software is set out in the respective service description, which can be found on the website https://www.leanscope.ai, or in the individual offer provided to the customer prior to conclusion of the contract.

5.3 Further development of the software

The software is continuously developed by the licensor. The customer is entitled to use the current version, but is not entitled to specific further developments or functional enhancements.

The licensor guarantees that the basic functionalities of the software are retained even in the event of adaptations or updates.

6. Rights of use

The following section sets out which rights the customer has to use the software and which restrictions apply to its use.

6.1 Simple right of use

The licensor grants the customer a simple, non-transferable right to use the software, limited in time to the duration of the contract, in accordance with the contractually agreed version of the software.

6.2 Duplication and modification of the software

The customer is not entitled to reproduce, modify, edit or otherwise use the software or parts thereof, unless this is expressly covered by the intended use according to the service description.

The customer is prohibited from any form of decompilation or reverse engineering, unless this is expressly permitted by law (§ 69e UrhG).

6.3 Use and disclosure to third parties

The customer may not pass on the software to third parties, either for a fee or free of charge, unless this has been agreed individually in the contract for the "LeanScope Enterprise" variant.

The "LeanScope Lite" and "LeanScope Pro" versions may only be used by the customer itself and its employees. For "LeanScope Enterprise", the right of use can be extended to certain third parties (e.g. customers or partners of the customer) by agreement.

6.4 Protection of access data

The customer is obliged to keep the access data to his account secret and to protect it from unauthorized access by third parties. Passing on the access data is not permitted. The licensor must be informed immediately in the event of suspected misuse.

6.5 Prevention of unauthorized access

The customer must take appropriate measures to prevent unauthorized access by third parties to protected areas of the software. If use by employees is permitted, the customer must instruct them accordingly and draw their attention to compliance with copyright law. In particular, it is prohibited to make unauthorized copies of the software.

6.6 Responsibility for own content

The customer is solely responsible for entering, maintaining and securing his data and information that he processes in the software. The licensor assumes no responsibility for the customer's content.

6.7 Creation and assignment of employee accounts

For the "LeanScope Pro" and "LeanScope Enterprise" versions, the customer can allow their employees to use the software within the agreed scope of the license. Each employee requires their own account, which can be created at https://app.leanscope.io. The link to the customer's organization takes place within the software.

6.8 Technical requirements

The customer is responsible for providing the technical requirements necessary to use the software, including a stable Internet connection and compatible hardware.

6.9 Prohibition of improper use

The customer undertakes to use the software exclusively within the scope of the statutory and contractually intended use. In particular, it is prohibited to use the software for the following purposes:

    • Violation of applicable law.
    • Entering or distributing illegal content.
    • Attempts to manipulate the software or compromise its security.

7. Remuneration and terms of payment

This section regulates the fees for the fee-based versions of the software as well as the payment modalities and conditions for refunds and offsetting.

7.1 Use of "LeanScope Lite" free of charge

The use of the "LeanScope Lite" software is free of charge.

7.2 Remuneration for the use of "LeanScope Pro" and "LeanScope Enterprise"

The customer undertakes to pay the agreed monthly or annual fee plus statutory VAT for the use of the software. Unless otherwise agreed, the remuneration shall be based on the licensor's price list valid at the time the contract is concluded.

7.3 Terms of payment

The licensor invoices the license fees monthly or annually, depending on the agreement, and sends them by email. Payments can be made by bank transfer, credit card or other payment methods offered within the software. Other payment methods can be agreed individually.

The invoice amount must be paid within 14 days of receipt of the invoice. After expiry of this period, the customer shall automatically be in default without the need for a further reminder.

7.4 Objections to invoices

Objections to the billing of the license fees must be raised by the customer in writing within eight weeks of receipt of the invoice. After expiry of this period, the invoice shall be deemed approved.

7.5 Offsetting

Offsetting against the licensor is only permitted with undisputed or legally established claims. This does not apply to counterclaims arising from the same contractual relationship.

7.6 Reimbursement

Any fees already paid will only be refunded if the contract is terminated prematurely for good cause for which the licensor is responsible. Goodwill arrangements for refunds, e.g. in special circumstances, can be agreed individually between the parties in "LeanScope Enterprise".

8. Term and termination

The following describes how long the contractual relationship lasts, under what conditions it ends or is extended and what rights the parties have in the event of termination.

8.1 Term and termination for "LeanScope Lite"

The contractual relationship begins with the conclusion of the contract and is concluded for an indefinite period.

Both parties may terminate the contract at any time with a notice period of 14 days.

8.2 Term and termination for "LeanScope Pro" and "LeanScope Enterprise"

The contractual relationship begins with the acceptance of the offer, in the case of "LeanScope Pro" by upgrading within the software; in the case of "LeanScope Enterprise" by accepting an individual offer.

A one-off free trial period of 30 days applies as standard for "LeanScope Pro". A free trial period of 30 days can be agreed individually for "LeanScope Enterprise". At the end of the trial period, the customer's account is automatically downgraded to the free "LeanScope Lite" version, unless a fee-based use is agreed.

The term is one month or one year, depending on the agreement, and is automatically extended by the respective term unless one of the parties terminates the agreement in due time:

    • For contracts with a term of one month, a notice period of 3 days before the end of the period applies.
    • For contracts with a term of 12 months or more, a notice period of 1 month before the end of the period applies.

8.3 Right to extraordinary termination for good cause

Both parties reserve the right to extraordinary termination for good cause. In particular, the Licensor shall be entitled to terminate the contract without notice if the Customer:

    • Fails to make due payments despite reminders and grace periods.
    • The contractual provisions on the use of the software have been violated. 

8.4 Downgrading on termination of the fee-based variants

When canceling the paid versions "LeanScope Pro" or "LeanScope Enterprise", the customer's account is automatically downgraded to the free version "LeanScope Lite". After downgrading, some functions and the data they contain will no longer be accessible from the paid functions.

9. Warranty

This section regulates how the licensor deals with defects in the software and what claims the customer can assert under the warranty.

9.1 Warranty for "LeanScope Lite"

Warranty claims by the customer are excluded. Excluded from this are defects which the licensor has fraudulently concealed. In such cases, the customer's claim shall be limited to compensation for the damage suffered as a result of relying on the software being free of defects.

9.2 Warranty for "LeanScope Pro" and "LeanScope Enterprise"

The customer shall report defects in the software to the licensor without delay, describing the circumstances under which they occurred. The Licensor shall remedy the defect within a reasonable period of time.

If an alleged defect cannot be attributed to the Licensor's liability for defects after inspection and the customer could have recognized this, the Licensor shall be entitled to invoice the expenses for verification and error correction at standard market conditions.

Strict liability for initial defects pursuant to Section 536a (1), Alt. 1 BGB is excluded.

9.3 Limitation of warranty claims

Warranty claims of the customer based on defects in the software shall become time-barred within 12 months from the date on which the customer became aware of the defect or should have become aware of it.

In the case of "LeanScope Lite", a claim can only be made in the event of fraudulently concealed defects, which must also be asserted within 12 months.

10. Liability

The conditions under which the licensor is liable for damages and the limitations of liability are described below.

10.1 Unlimited liability

The licensor has unlimited liability:

    • For damages caused by intentional or grossly negligent conduct on the part of the licensor.
    • For damages resulting from injury to life, limb or health.
    • In accordance with the statutory provisions of the Product Liability Act.

10.2 Limitation of liability for simple negligence

The following applies to the free "LeanScope Lite" version:

    • The liability of the licensor is limited to intent and gross negligence.
    • Liability for simple negligence, indirect damage or consequential damage (including loss of data and loss of profit) is excluded.

The following applies to the paid versions "LeanScope Pro" and "LeanScope Enterprise":

    • The Licensor shall only be liable for damages caused by simple negligence in the event of a breach of material contractual obligations (cardinal obligations).
    • Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
    • In such cases, liability shall be limited to the typically foreseeable damage.

10.3 Exclusion of certain damages

Irrespective of the liability regulation for the respective variant, the licensor is not liable for:

    • Indirect or consequential damages, including loss of profit.
    • Loss of data, unless the customer has demonstrably taken appropriate security measures and the loss of data was caused by gross negligence or intent on the part of the licensor.

10.4 Limitation of claims for damages

The customer's claims for damages shall become time-barred within 12 months from the date on which the customer became aware or should have become aware of the damage and the person causing the damage.

Claims arising from intentional conduct, gross negligence, injury to life, limb or health and under the Product Liability Act shall lapse exclusively in accordance with the statutory limitation periods.

10.5 Validity of the limitation of liability

These limitations of liability also apply in favor of the licensor's vicarious agents and legal representatives.

11. Data protection

This section explains how the licensor processes personal data and what responsibility the customer bears when using the software.

11.1 Processing of personal data

Der Lizenzgeber verarbeitet personenbezogene Daten des Kunden ausschließlich im Rahmen der gesetzlichen Bestimmungen, insbesondere der Datenschutz-Grundverordnung (DSGVO) und des Bundesdatenschutzgesetzes (BDSG). Eine detaillierte Beschreibung der Verarbeitung personenbezogener Daten ist in der Datenschutzerklärung des Lizenzgebers enthalten, die unter https://www.leanscope.ai/datenschutzerklaerung/ abrufbar ist.

11.2 Compliance with data protection regulations

The customer is responsible for complying with data protection regulations with regard to the processing of personal data of its employees or customers when using the software. In particular, the customer must obtain the necessary consent from third parties if it stores or processes their data in the software.

11.3 Technical and organizational measures

The Licensor shall take appropriate technical and organizational measures to protect the Customer's personal data. These include in particular

    • Encryption of data transmission (e.g. TLS/SSL).
    • Regular data backups on secure servers.
    • Access restrictions through role and authorization concepts.
    • Measures to detect and prevent unauthorized access (e.g. firewalls, intrusion detection).

11.4 Processing data in Large Language Models (LLM)

When using AI functions within the software, LeanScope may transmit data to the provider OpenAI. The OpenAI API is used to receive generated content.

OpenAI processes the data in accordance with the Business Terms and Enterprise Privacy Policy. This ensures that when using the API, the transmitted data is not used for training the OpenAI models.

Further information on data processing when using the OpenAI API as well as on consent and revocation options can be found in the "Conditions for processing data via OpenAI API", available at https://www.leanscope.ai/en/terms_openai/.

Customers of "LeanScope Enterprise" have the option of integrating other LLMs or providing a local LLM (on-premise) on request. This is done by individual agreement.

12. Final provisions

The final provisions regulate general legal aspects of the contract, such as the applicable law, the place of jurisdiction and the procedure in the event of changes to the contractual conditions.

12.1 Contract language

In case of doubt, only the German version of these contractual terms and conditions is legally binding. Other language versions serve merely as translations and are not legally binding.

12.2 Applicable law

German law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).

12.3 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is the Licensor's registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

12.4 Changes to the terms of use

The Licensor is entitled to amend these Terms of Use with effect for the future. The customer shall be notified of amendments in text form at least four weeks before they come into effect. If the customer does not object to the amendments within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted. The licensor shall inform the customer in the notification of the consequences of failing to object.

12.5 Severability clause

Should any provision of these terms of use be or become invalid, unlawful, or unenforceable, the remaining provisions shall remain unaffected and continue to be valid and enforceable. In place of the invalid provision, a valid provision that most closely reflects the economic intent of the original shall apply. The same applies in the case of a contractual gap.

12.6 Contact options

If you have any questions about these terms of use or other concerns, you can contact the Licensor as follows:

LeanScope GmbH
Krayenkamp 10-11
20459 Hamburg, Germany

E-Mail: contact@leanscope.ai
Web: https://www.leanscope.ai

 

Date: January 2nd 2025